F.D. Thomas, Inc.

Re: Incorrect Buy America Certificate

Dear Mr. Lee:

I write in response to your letter dated May 12, 2009, in which you explain the circumstances surrounding your submission of an incorrect Buy America Certificate and ask that FTA allow you to recertify. For the below reasons, I have decided to grant your request. According to your letter, you intended to sign a Certificate of Compliance but inadvertently signed a Certificate of Non-Compliance. You declare that your products are manufactured in the United States according to the requirements of 49 U.S.C. 5323(j) and 49 CFR Part 661. Documents from the material suppliers that you attached to your letter support your declared facts.

FTA regulations require each bidder or offeror to submit one of two certificates in accordance with the requirement contained at 49 CFR 661.13. 49 CFR 661.6. The options are to submit a Certificate of Compliance or Non-Compliance with FTA’s Buy America requirements. A bidder or offer who has submitted an incomplete Buy America certificate or an incorrect certificate of non-compliance through inadvertent or clerical error (but not including failure to sign the certificate, submission of certificates of both compliance and non-compliance, or failure to submit any certification) may submit to the FTA Chief Counsel within ten (10) days of bid opening or submissions of a final offer, a written explanation of the circumstances surrounding the submission of the incomplete or incorrect certification in accordance with 28 U.S.C. 1746, sworn under penalty of perjury, stating that the submission resulted from inadvertent or clerical error. 49 CFR 661.13(b)(1).

Based on the sworn statement in your letter, you are eligible to submit an amended Certificate. Please note that you will be bound by your new certification. If you have any questions, feel free to contact Jayme Blakesley at (202) 366-0304 or jayme.blakesley@dot.gov.

Sincerely,

Scott A. Biehl
Acting Chief Counsel

FTA determined F.D. Thomas, Inc. eligible to submit an amended Buy America Certificate after it inadvertently signed a Certificate of Non-Compliance.